History of Legal English

16 Questions

What is the primary reason for the peculiarities of legal English?

The systematisation of legal procedures brought by the Normans

What is the typical characteristic of legal documents before the Plain English Movement?

Complex syntax with apparent redundancy

What was the primary goal of the 'Biggest Lie on the Internet' experiment?

To illustrate the lack of awareness of consumers about terms of service

What was the result of the 'Biggest Lie on the Internet' experiment?

22,000 people committed to 1,000 hours of community service

What was the purpose of the Herod Clause experiment?

To raise awareness about the importance of reading terms of service

What is the primary reason for the continued use of Latin in legal English?

Respect for ritual and historical tradition

What was the outcome of the experiment conducted by F-Secure in London?

The outcome was not reported in the text

What is the main feature of legal English that is often criticized?

The use of complex syntax and vocabulary

What was the outcome of the Wi-Fi experiment that included the 'Herod Clause'?

6 people consented

What is a key characteristic of legal English?

It is generally applicable and specific enough to apply to individual circumstances

Why are long sentences often used in legal writing?

To integrate several relevant issues in a single statement

What is the purpose of using repetitions in legal writing?

To make internal references clear and to clarify the scope of a provision

What is the function of coordinated phrases in legal writing?

To reduce uncertainty about whether a provision applies in a particular case

What is the purpose of using modal verbs in legal writing?

To distinguish between obligation and discretion

What is the purpose of using hypernyms in legal writing?

To foster a law's general applicability

What is the typical structure of a contract?

A clear introduction, followed by a series of clauses and provisions

Study Notes

Historical Factors Influencing Legal English

The Norman Conquest brought the systematisation of legal procedures to England.
Law Latin was predominantly used until the 14th century, and Law French until the 17th century.
An act in 1650, after King Charles I's execution, introduced the use of English in Courts of Justice.

Characteristics of Legal English

Legal documents are often difficult for non-lawyers to understand due to complex syntax and apparent redundancy.
The Plain English Movement has attempted to clarify and simplify legal documents worldwide.
Concern for precision is a key feature of legal English, but vagueness is also present.
Respect for ritual and historical tradition is an important aspect of legal English.

Experiments on Legal Awareness

The "Biggest Lie on the Internet" experiment showed that 22,000 people agreed to commit 1,000 hours of community service, including unpleasant tasks, without reading the terms of service.
The "Herod Clause" experiment, supported by Europol, found that 6 people consented to giving up their first child forever in exchange for free Wi-Fi.

Diverging Needs of Legal English

Legal English needs to be both generally applicable and specific enough to apply to individual circumstances.
It must be stable enough to stand the test of time and flexible enough to adapt to new social situations and unprecedented cases.

Syntactical Features of Legal English

Long sentences are used to integrate several relevant issues in a single statement.
Repetitions are used to make internal references clear and to clarify whether a new point applies to everything previously said.
Coordinated phrases and long lists of items are used to reduce uncertainty about whether a provision applies in a particular case.
Elaborate hypotactic constructions are used to show the relationship between clauses of unequal grammatical status.
Conditional clauses are used to reflect the cautious nature of legal decision making.

Grammatical Features of Legal English

Modal verbs ("must", "shall", "may") are used to distinguish between obligation and discretion.
Pronouns (e.g. "all", "whoever") and hypernyms (generic nouns) help to foster a law's general applicability.
Hyponyms are used to promote certainty by explicitly listing specific items.

Contracts Structure

A typical contract structure includes:
- Name of the position
- The contract details (name, date, institution name, etc.)
- Whereas clauses
- The agreement and obligations of the parties

Lexical Features of Legal English

Archaic language is used to express specific direction within the text without excessive repetition.

This quiz explores the historical factors that have shaped the language of law, including the influence of French and Latin. Learn how the Norman Conquest and historical events have impacted the development of legal English.

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